THE COMMISSIONER OF INCOME TAX vs. M/S LUWA INDIA PVT LTD

IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 22nd day of June, 2012 PRESENT THE HON’BLE MR. JUSTICE N KUMAR AND THE HON’BLE MR. JUSTICE RAVI MALIMATH R.P. No. 332 of 2012 IN ITA No. 71 of 2007 BETWEEN: 1. The Commissioner of Income Tax Central Circle C.R. Building Queens Road Bangalore 2. The Deputy Commissioner of Income Tax Circle 11(3) C.R. Building Queens Road Bangalore …Petitioners (By Sri K.V. Aravind, Advocate)

2 AND: M/s. Luwa India Pvt. Ltd., II Stage, Industrial Suburb Yeshwanthpur Bangalore …Respondent This Review Petition is filed under Order 47 Rule 1 of CPC praying for review of the order dated 03-11-2011 passed in ITA No.71 of 2007, on the file of the Hon’ble High Court of Karnataka, Bangalore. This Review Petition coming on for orders this day, N KUMAR J., made the following:- O R D E R The Revenue is seeking to review the order passed by this Court on 3.11.2011 whereunder this Court dismissed the appeal on the ground that the net tax effect which is the subject matter of the appeal was less than Rs.10,00,000/-, by following the judgment of this Court in the case of THE COMMISSIONER OF INCOME TAX AND ANOTHER vs M/S RANKA AND RANKA, ITA No. 3191/2005 disposed of on 2.11.2011.

3 2. It is submitted that the revenue is preferring an appeal against the order passed by this Court holding that the instruction No. 3/2011 is retrospective in nature and therefore they submit that this petition has to await the decision of the Apex Court in the aforesaid appeal to be filed. 3. On that ground it is not possible to keep this matter pending. All that we can do is, as the appeal is dismissed following the judgment in the aforesaid case of M/s. Ranka and Ranka, in the event of the Apex Court setting aside the said order and holding it as prospective, then it is open to the revenue to seek for review of the order. Reserving such liberty, this petition is dismissed. Sd/- JUDGE Sd/- JUDGE ckl